- Our standard terms and conditions regarding optimization are detailed below.
- By placing an order with SEOTUNERS, you confirm that you are in agreement with and bound by the terms and conditions below.
- The Client: The company or individual requesting the services of SEOTUNERS.
- SEOTUNERS: Primary designer/site owner & employees or affiliates.
- SEOTUNERS will carry out work only where a service agreement is provided either by email, telephone, mail or fax. SEOTUNERS will carry out work only for clients who are 18 years of age or above. A ‘service agreement’ is deemed to be a written or verbal contract between SEOTUNERS and the client; this includes telephone and email agreements.
Website Design and Optimization
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, SEOTUNERS cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by SEOTUNERS remain the copyright of SEOTUNERS and may only be commercially reproduced or resold with the permission of SEOTUNERS.
- SEOTUNERS cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Any additions to the brief will be carried out at the discretion of SEOTUNERS and where no charge is made by SEOTUNERS for such additions, SEOTUNERS accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
- The client agrees to make available as soon as is reasonably possible to SEOTUNERS all materials required to complete the ‘service agreement’ to the agreed standard and within the set deadline.
- SEOTUNERS will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- SEOTUNERS will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- SEOTUNERS will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
- SEOTUNERS will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
- Payment terms are dictated by ‘service agreement’. There are no exceptions to this, i.e. If the client decides they no longer want the service, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Disclaimers and limitations on liability
- SEOTUNERS shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- SEOTUNERS shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data.
- SEOTUNERS shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
- SEOTUNERS do not represent or warrant that Customers’ URLs will achieve a favorable position, or any position, within a particular search engine beyond our limited guarantee. (*See service agreement)
- SEOTUNERS do not warrant or represent that the use or the results of the use of the materials available through the SEOTUNERS Services or from third parties will be correct, accurate, timely, reliable or otherwise beyond our limited guarantee. (*See service agreement)
- You expressly agree that use of the SEOTUNERS Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. SEOTUNERS expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement beyond our limited guarantee.
- Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside SEOTUNERS’ control and could result in a breach of security. Accordingly, SEOTUNERS cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against SEOTUNERS arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of SEOTUNERS.
- To the maximum extent allowed by law, SEOTUNERS and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, SEOTUNERS will not have any liability for any losses arising because the SEOTUNERS Services are not operational or accessible. This section does not limit liability for bodily injury of a person.
Database, Application and E-Commerce Development
- SEOTUNERS cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
- Any scripts, cgi applications or software (unless specifically agreed) written by SEOTUNERS remain the copyright of SEOTUNERS and may only be commercially reproduced or resold with the permission of SEOTUNERS.
- Where applications or sites are developed on servers not recommended by SEOTUNERS, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment, which is identical to the final production environment.
- The client is expected to test fully any application or programming relating to a site developed by SEOTUNERS before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, SEOTUNERS will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
- SEOTUNERS will endeavor to ensure that any developed/designed modifications to a site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. SEOTUNERS can offer no guarantees of correct function with all browser software.
Payment of Accounts
- Payment in full is required from any new client before any work is carried out. It is the SEOTUNERS policy that any outstanding accounts for work carried out by SEOTUNERS or its affiliates are required to be paid in full, no later than 14 days from the original billing date unless by prior arrangement with SEOTUNERS.
- We will contact clients via email and telephone to remind them of such payments if they are not received when due.
- If accounts are not settled or SEOTUNERS have not been contacted regarding the delay, optimization services will be suspended, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj’s) being added to the clients credit rating.
- Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
- Anyone who experiences a problem with the service provided by SEOTUNERS should raise the matter directly using our toll free phone number or online contact form to do so, giving sufficient information to locate the material (such as a url or FTP access) and clearly outlining the grounds for complaint.
- SEOTUNERS will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.